Police v Leapai [2022] WSSC 53 (14 July 2022)

IN THE SUPREME COURT OF SAMOA
Police v Leapai [2022] WSSC 53 (14 July 2022)

Case name:	Police v Leapai
Citation:	[2022] WSSC 53
Decision date:	14 July 2022
Parties:	POLICE (Informant) v AMOSA LEAPAI a.k.a AMOSA ASEMA, male of Malie & Fusi Saoluafata (Defendant)
Hearing date(s):
File number(s):	S487/22; S555/22
Jurisdiction:	CRIMINAL
Place of delivery:	Supreme Court of Samoa, Mulinuu
Judge(s):	Justice Fepulea’i A. Roma
On appeal from:
Order:	On the charges of burglary and theft you are convicted of both and sentenced to 16 months’ imprisonment commencing from 10th June 2022 when your previous sentence was completed.
Representation:	T. Sasagi for the Informant Defendant appears in Person
Catchwords:	Burglary – theft
Words and phrases:
Legislation cited:	Crimes Act 2013, ss. 33; 161; 165(b) & 174.
Cases cited:	Police v. Joe Faimasasa (16 July 2020); Police v. Joe Faimasasa (27 October 2017); Police v. Panapa (7 September 2018); Police v. Billy Bourne Panapa (8 April 2019); Police v. Faifua Savaiinaea (2 October 2017); Police v. Tunu [2019] WSSC 14.
Summary of decision:

IN THE SUPREME COURT OF SAMOA

HELD AT MULINUU

BETWEEN

P O L I C E

Informant

A N D

AMOSA LEAPAI a.k.a. AMOSA ASEMA male of Malie and Fusi Saoluafata

Defendant

Counsel: T. Sasagi for the Informant

Defendant appears in Person

Sentence: 14 July 2022

SENTENCE OF JUSTICE ROMA

Charges

1. You appear for sentence on 2 charges. The first is burglary which attracts a 10 years’ imprisonment maximum penalty, and secondly theft which has a maximum penalty of 7 years’ imprisonment. You pleaded guilty to both on the 30th May 2022 when the charges were finalised.

Offending

2. The police summary which you accept says that on the 7th May 2022 at about 2am, you went onto the victim’s property at Nuufou with a co-accused by climbing the fence. You proceeded to the back of the victim’s shop, damaged the window stainless steel, ripped off the screen mesh and removed 3 louvers. You then both entered the shop and stole cash of $200.00, alcohol and cigarettes, clothing and food items all amounting in total to $6,479.00. The victim discovered the break - in when he woke up to open shop the following morning. On security camera footage the victim was able to identify you and your co accused and reported the matter to police. Police were able to apprehend you the following day and recovered only some packets of cigarettes. In the pre sentence report you admit being involved but say that others apart from your co accused were also involved. You also told Probation that you did not take anything from the shop.

Aggravating Factors

3. In relation to the offending the aggravating features are:
   • (i) there was planning and premeditation;
   • (ii) this was a joint offending;
   • (iii) the impact including the damage to property and significant value of the stolen items;
   • (iv) the prevalence of the offending and need for deterrence.
4. Personal to you as offender, an aggravating factor is the fact that you have previous convictions for similar offending from 2017 and 2020. The record does not reflect another conviction in September 2020 for which Probation say you were sentenced to 6 months’ supervision to commence after an imprisonment sentence that you were then serving. Clearly from your history of offending you have become a recidivist burglar.

Mitigating Factors

5. I take into account your guilty pleas to both charges entered at the earliest opportunity. I also consider the plea for leniency by your father in court when this matter was last called.

Discussion

6. There continues to be an increase in burglary and theft that impact the safety of members of the community and their properties. The trend continues to be that as noted in Police v. Tunu [2019] WSSC 14 - the young men like you would go out, consume alcohol and then plan and carry out the attack of peoples’ home and theft of their property. Again alcohol is no excuse and the court will continue to impose custodial sentences to deter the increase in these offending.
7. In your case Amosa the only question for me is how long. Prosecution recommend a starting point of 2 years. I have considered the cases they cite in support – Police v. Panapa (7 September 2018); Police v. Billy Bourne Panapa (8 April 2019); Police v. Faifua Savaiinaea (2 October 2017); Police v. Joe Faimasasa (16 July 2020) and Police v. Joe Faimasasa (27 October 2017). On the lead charge of burglary, I adopt 2 years as recommended by prosecution. I make an uplift of 4 months for your previous similar convictions. I then make the following deductions – 4 months for the plea for leniency by your father; and a final deduction of 8 months for your guilty pleas. The remainder is a term of 16 months.

Result

8. On the charges of burglary and theft you are convicted of both and sentenced to 16 months’ imprisonment commencing from 10th June 2022 when your previous sentence was completed.
   

JUSTICE ROMA